7/13. The U.S. Court of Appeals (2ndCir) issued its opinion [32 pages in PDF], on remand from the Supreme Court, in Fox Television Stations v. FCC.

The Court of Appeals held that the Federal Communications Commission's (FCC) indecency policy "violates the First Amendment because it is unconstitutionally vague, creating a chilling effect that goes far beyond the fleeting expletives at issue here". It vacated the FCC's order.

This holding was expected. In 2006 the FCC issued an order that fined broadcasters for unscripted fleeting expletives. The Court of Appeals vacated and remanded, on the grounds that the FCC's new fleeting expletives policy is arbitrary and capricious under the Administrative Procedure Act (APA) for failing to articulate a reasoned basis for the change in policy. The Court of Appeals did not rule on the First Amendment challenge. However, it wrote that "we are skeptical that the Commission can provide a reasoned explanation for its ``fleeting expletive´´ regime that would pass constitutional muster". In 2009, the Supreme Court reversed on the basis that the APA does not preclude unexplained shifts of long standing policy. It too did not address the Constitutional issues. Rather, it remanded the case to the Court of Appeals. The just released opinion of the Court of Appeals takes up the First Amendment issues.

FCC Chairman Julius Genachowski stated in a release that "We're reviewing the court's decision in light of our commitment to protect children, empower parents, and uphold the First Amendment."

2006 FCC Order. On November 6, 2006, the FCC adopted and released an Order [36 pages in PDF] regarding complaints that four broadcast television programs contained indecent and/or profane material within the meaning of 18 U.S.C. § 1464. This order is FCC 06-166.

The Order concluded, among other things, that comments made by Nicole Richie during "The 2003 Billboard Music Awards" and by Cheryl LaPiere during the "The 2002 Billboard Music Awards" were indecent and profane. Both used the word fuck in unscripted live statements.

See also, stories titled "FCC Releases Indecency Orders" in TLJ Daily E-Mail Alert No. 1,332, March 20, 2006, and "FCC Releases Order on Remand Regarding Broadcast Indecency" in TLJ Daily E-Mail Alert No. 1,484, November 7, 2006.

Section 1464 provides in full that "Whoever utters any obscene, indecent, or profane language by means of radio communication shall be fined under this title or imprisoned not more than two years, or both."

2007 Court of Appeals Opinion. Broadcasters fined by the FCC, including Fox, filed petitions for review of the FCC's order with the Second Circuit.

They argued both that the order is arbitrary and capricious in violation of the APA, and unconstitutional under the First Amendment.

On June 4, 2007, the Court of Appeals issued its divided opinion [53 pages in PDF] finding that "the FCC's new policy sanctioning ``fleeting expletives´´ is arbitrary and capricious" under the APA. The Court of Appeals did not also rule on the Constitutional challenge, but strongly hinted that if required to address that issue, it would find the FCC's policy unconstitutional.

The FCC did not then withdraw or modify its order. Rather, it petitioned the Supreme Court for writ of certiorari, even though a victory at the Supreme Court on the APA issue would only cause the case to be remanded to the Court of Appeals, which would then likely hold the FCC policy unconstitutional.

See, story titled "2nd Circuit Vacates and Remands FCC Profanity Order" in TLJ Daily E-Mail Alert No. 1,590, June 4, 2007. That opinion is reported at 489 F. 3d 444.

2009 Supreme Court Opinion. On April 28, 2009, the Supreme Court issued its divided opinion, reversing the Court of Appeals.

The Supreme Court wrote that the Constitutional issues "will be determined soon enough, perhaps in this very case. ... We see no reason to abandon our usual procedures in a rush to judgment without a lower court opinion. We decline to address the constitutional questions at this time."

See, story titled "Supreme Court Reverses in FCC v. Fox" in TLJ Daily E-Mail Alert No. 1,932, April 28, 2009.

Just Issued Opinion. The Court of Appeals held that the FCC's indecency policy is unconstitutionally vague. It vacated the FCC's order. It did not rule regarding whether strict scrutiny, or some other standard, applies to FCC regulation of broadcast television.

The Court of Appeals concluded that "the absence of reliable guidance in the FCC’s standards chills a vast amount of protected speech dealing with some of the most important and universal themes in art and literature. Sex and the magnetic power of sexual attraction are surely among the most predominant themes in the study of humanity since the Trojan War. The digestive system and excretion are also important areas of human attention. By prohibiting all ``patently offensive´´ references to sex, sexual organs, and excretion without giving adequate guidance as to what ``patently offensive´´ means, the FCC effectively chills speech, because broadcasters have no way of knowing what the FCC will find offensive. To place any discussion of these vast topics at the broadcaster's peril has the effect of promoting wide self-censorship of valuable material which should be completely protected under the First Amendment."

The Court of Appeals first reviewed Section 1464, the FCC's history of enforcement of this section, the broadcasts at issue in this case, the FCC's order, and the judicial proceedings in this case.

It also reviewed the Supreme Court's 1978 opinion in FCC v. Pacifica Foundation, 438 U.S. 726. That opinion upheld the FCC's order penalizing the broadcast of a dirty words monologue by a comedian named George Carlin. However, it did not establish a standard of review for broadcast TV.

The Court then (starting at page 14) began its analysis of the First Amendment challenge to the FCC's policy.

"It is well-established that indecent speech is fully protected by the First Amendment." The Court of Appeals continued, "In most contexts, the Supreme Court has considered restrictions on indecent speech to be content-based restrictions subject to strict scrutiny."

However, the Court of Appeals conceded that "Broadcast radio and television ... have always occupied a unique position when it comes to First Amendment protection."

The Court explained that "it was in Pacifica that the Supreme Court gave its fullest explanation for why restrictions on broadcast speech were subject to a lower level of scrutiny, relying on the twin pillars of pervasiveness and accessibility to children. ... While Pacifica did not specify what level of scrutiny applies to restrictions on broadcast speech, subsequent cases have applied something akin to intermediate scrutiny."

The Court concluded that much has changed since the Supreme Court ruled in 1978. "The past thirty years has seen an explosion of media sources, and broadcast television has become only one voice in the chorus. Cable television is almost as pervasive as broadcast -- almost 87 percent of households subscribe to a cable or satellite service -- and most viewers can alternate between broadcast and non-broadcast channels with a click of their remote control. ... The internet, too, has become omnipresent, offering access to everything from viral videos to feature films and, yes, even broadcast television programs."

"Moreover, technological changes have given parents the ability to decide which programs they will permit their children to watch. Every television, 13 inches or larger, sold in the United States since January 2000 contains a V-chip, which allows parents to block programs based on a standardized rating system. ... Moreover, since June 11, 2009, when the United States made the transition to digital television, anyone using a digital converter box also has access to a V-chip."

"In short, there now exists a way to block programs that contain indecent speech in a way that was not possible in 1978. In fact, the existence of technology that allowed for household-by-household blocking of ``unwanted´´ cable channels was one of the principle distinctions between cable television and broadcast media drawn by the Supreme Court" in 2000 in US v. Playboy, 529 U.S. 803.

The Supreme Court wrote in its opinion in Playboy that "The option to block reduces the likelihood, so concerning to the Court in Pacifica, that traditional First Amendment scrutiny would deprive the Government of all authority to address this sort of problem. The corollary, of course, is that targeted blocking enables the Government to support parental authority without affecting the First Amendment interests of speakers and willing listeners -- listeners for whom, if the speech is unpopular or indecent, the privacy of their own homes may be the optimal place of receipt."

The Court of Appeals then wrote that "We can think of no reason why this rationale for applying strict scrutiny in the case of cable television would not apply with equal force to broadcast television in light of the V-chip technology that is now available."

But, it did not so hold. It wrote that "we do not need to wade into the brambles". Rather, it concluded that "regardless of where the outer limit of the FCC's authority lies, the FCC's indecency policy is unconstitutional because it is impermissibly vague".

The remainder of the Court of Appeals' opinion (from page 18) is devoted to the question of vagueness.

"Broadcasters are entitled to the same degree of clarity as other speakers, even if restrictions on their speech are subject to a lower level of scrutiny. It is the language of the rule, not the medium in which it is applied, that determines whether a law or regulation is impermissibly vague."

The Court concluded that "the indecency policy is impermissibly vague. The first problem arises in the FCC's determination as to which words or expressions are patently offensive."

"The same vagueness problems plague the FCC’s presumptive prohibition on the words ``fuck´´ and ``shit´´ and the exceptions thereto." The problem, the Court wrote, is that the FCC has two exceptions -- for "artistic necessity" and "bona fide news" -- which it has applied in decisions, but that there "is little rhyme or reason to these decisions and broadcasters are left to guess whether an expletive" will be allowed by the FCC.

The Court also noted that such "indiscernible standards" create the risk that they will be "enforced in a discriminatory manner".

The Court then found that this FCC policy has chilled protected speech. "Under the current policy, broadcasters must choose between not airing or censoring controversial programs and risking massive fines or possibly even loss of their licenses, and it is not surprising which option they choose. Indeed, there is ample evidence in the record that the FCC’s indecency policy has chilled protected speech."

Finally, the Court added that "We do not suggest that the FCC could not create a constitutional policy."

Reaction. Dennis Wharton of the National Association of Broadcasters (NAB) stated in a release that the "NAB supports today's appellate court decision. As broadcasters, we will continue to offer programming that is reflective of the diverse communities we serve. We believe that responsible decision making by network and local station executives, coupled with program blocking technologies like the V-chip, is far preferable to government regulation of program content."

The Future of Music Coalition (FOMC), which intervened in the Court of Appeals, stated in a release that "The result of this policy has been a chilling effect on creativity on the public airwaves, due to broadcasters' fears of getting fined for airing ``offensive´´ content. For example, Ken Burns' documentary, ``The War,´´ was aired in two different versions to satisfy PBS affiliates worried about possible FCC sanctions. In a situation like this, creators are left guessing what constitutes indecent material, which leads to self-censoring. That's hardly good for art and culture, and it also serves to mute our First Amendment right to free speech. Good thing we won." See also, joint brief [65 pages in PDF] filed by the FOMC and the Center for Creative Voices.

FCC Commissioner Michael Copps (at right) issued a statement. He wrote, in full, that "I am shocked by such an anti-family decision coming out of the Second Circuit Court of Appeals. Sadly, the court focused its energies on the purported chilling effect our indecency policy has on broadcasters of indecent programming, and no time focusing on the chilling effect today’s decision will have on the ability of American parents to safeguard the interests of their children. I hope that this decision is appealed -- and ultimately reversed. In the meantime, as even this court recognizes, the FCC has the power to create a constitutional and enforceable indecency policy. I'm convinced we already have one. In light of the uncertainty created by today's decision, I call on this Commission to move forward immediately to clarify and strengthen its indecency framework to ensure that American parents can protect their children from the indecent and violent images that bombard us more and more each day. These parents -- millions of them -- are waiting."

This case is Fox Television Stations, Inc., et al. v. FCC and USA, U.S. Court of Appeals for the 2nd Circuit, App. Ct. Nos. 06-1760-ag, 06-2750-ag, and 06-5358-ag. Judge Pooler wrote the opinion of the Court of Appeals, in which Judge's Leval and Hall joined.

7/13. President Obama announced his intent to nominate Jacob Lew to be Director of the Executive Office of the President's (EOP) Office of Management and Budget (OMB). See, White House news office release.

7/13. The Pharmaceutical Research and Manufacturers of America (PhRMA) named John Castellani to be its P/CEO, effective September 1, 2010. He will replace former Rep. Billy Tauzin (R-LA). See, PhRMA release.

7/12. The Senate confirmed Sharon Coleman to be a Judge of the U.S. District Court for the Northern District of Illinois by a vote of 86-0. See, Roll Call No. 205.

7/12. The Securities and Exchange Commission (SEC) announced that its Chief Information Officer, Charles Boucher, will leave the SEC. See, SEC release. He oversaw, among other things, the SEC EDGAR system, and the conversion to XBRL. He held the position for only 19 months.

7/8. President Obama appointed Federal Communications Commission (FCC) Chairman Julius Genachowski, and others, to be members of the Council of the Administrative Conference of the United States. See, White House news office release.

7/7. President Obama named members of his President's Export Council. The just announced members include Ivan Seidenberg (Ch/CEO of Verizon) and Robert Iger (P/CEO of The Walt Disney Company). See, White House news office release.

7/7. President Obama gave a recess appointment to Philip Coyle to be Associate Director for National Security and International Affairs in the Executive Office of the President's (EOP) Office of Science and Technology Policy (OSTP). Obama made this appointment, during a Congressional recess, to evade the Senate confirmation process. Coyle previously worked at the World Security Institute. See, White House news office release.

7/6. Federal Communications Commission (FCC) Chairman Julius Genachowski named Rick Kaplan Chief Counsel and Senior Legal Advisor. He was previously Chief of Staff for FCC Commissioner Mignon Clyburn. Before joining the FCC in 2009 he worked for the law firm of Sidley Austin. He replaces Bruce Gottlieb, who will leave the FCC at the end of July. The FCC stated in a release that Kaplan "will manage the Commission’s overall agenda and will be responsible for policy coordination among the Bureaus and Offices. In addition, he will have particular responsibility for wireless, engineering and technology, and public safety issues." Gottlieb also previously worked for FCC Commissioner Michael Copps. See, Copps' statement.

7/6. Federal Communications Commission (FCC) Commissioner Mignon Clyburn named Angie Kronenberg (at left) to be her Chief of Staff. She was previously Clyburn's Wireline Legal Advisor. Before that, she was Special Counsel in the FCC's Wireless Telecommunications Bureau's (WTB) Spectrum & Competition Policy Division. And before that, she worked in the Washington DC office of the law firm of Willkie Farr & Gallagher. She replaces Rick Kaplan. See, FCC release.

7/6. Federal Communications Commission (FCC) Commissioner Mignon Clyburn announced that Eloise Gore (at right) "will be on detail from the Media Bureau to advise the Commissioner on media and consumer issues". Gore is long time FCC employee who most recently has been the Media Bureau's Associate Bureau Chief. See, FCC release.

6/30. Douglas Sicker was named Chief Technologist of the Federal Communications Commission (FCC). See, FCC release. He is a professor at the Department of Computer Science at the University of Colorado at Boulder. Previously, he worked at Level 3 Communications, and at the FCC.

6/29. Greg Elin was named Chief Data Officer at the the Federal Communications Commission (FCC). Robert Alderfer was named Chief Data Officer of the FCC's Wireless Telecommunications Bureau (WTB). Kris Monteith was named Chief Data Officer of the FCC's Media Bureau (MB). Steven Rosenberg was named Chief Data Officer of the FCC's Wireline Competition Bureau (WCB). Michael Byrne was named Geographic Information Officer at the FCC. See, FCC release.

6/28. The Senate confirmed Gary Feinerman to be a Judge of the U.S. District Court for the Northern District of Illinois by a vote of 86-0. See, Roll Call No. 201.

7/13. The Copyright Royalty Judges (CRJ) published a notice in the Federal Register that announces, describes, and recites the negotiated royalty rates for the satellite carrier statutory license of the Copyright Act for the license period 2010-2014. The deadline to submit objections is August 12, 2010. See, notice in the Federal Register, July 13, 2010, Vol. 75, No. 133, at Pages 39891-39892.

7/9. Mary Schapiro, Chairman of the Securities and Exchange Commission (SEC), gave a speech in Chicago, Illinois. She said that "the U.S. equity market structure is highly fragmented, with ten exchanges, approximately 37 alternative trading systems, Electronic Communications Networks, and more than 200 broker-dealers that execute orders internally. These trading venues are accessed electronically, through highly automated trading systems, many of which can respond to orders with executions in less than a millisecond. To further complicate matters, some trading venues, such as dark pools, do not make their orders accessible to the public." She stated that "We are working to ensure that accelerating technology and evolving trading strategies are not creating a two-tiered marketplace that leaves many investors at a significant disadvantage." She also said that "We are investing both in much-needed IT upgrades and in human capital", and "the Enforcement Division created the Office of Market Intelligence that will use a new electronic management system to coordinate and respond to the multitude of tips and complaints that we receive each year".

7/6. The Government Accountability Office (GAO) released a report [36 pages in PDF] titled "Cybersecurity: Key Challenges Need to Be Addressed to Improve Research and Development".

6/29. The American Civil Liberties Union (ACLU) released a report [27 pages in PDF] titled "Policing Free Speech: Police Surveillance and Obstruction of First Amendment Protected Activity". The report lists numerous incidents of interception and sharing of e-mail communications, and physical surveillance, associated with lawful protest activities. This report also lists an incident involving a person who "ordered books over the Internet about the Islamic religion". The ACLU's Michael German stated in a release that "Unfortunately, law enforcement in our country seems to be reverting to certain old, bad behaviors when it comes to political surveillance. Our review of these practices has found that Americans have been put under surveillance or harassed by the police just for deciding to organize, march, protest, espouse unusual viewpoints and engage in normal, innocuous behaviors such as writing notes or taking photographs in public."

6/28. The Federal Reserve Board's (FRB) Federal Open Market Committee (FOMC) announced in a release on June 23, 2010, that it will continue to set "the target range for the federal funds rate at 0 to 1/4 percent". The reason for this is its bleak assessment of regarding economic recovery. It stated that "Housing starts remain at a depressed level. Financial conditions have become less supportive of economic growth on balance, largely reflecting developments abroad. Bank lending has continued to contract in recent months." However, it also stated that "Business spending on equipment and software has risen significantly". On June 28, FRB Governor Kevin Warsh gave a speech in which he stated that "Business spending on equipment and software has risen significantly; however, investment in nonresidential structures continues to be weak. Owing to a less-than-assured economic outlook and broad uncertainty about public policy, employers appear quite reluctant to add to payrolls." He said that "Recent economic data support a moderate recovery in economic activity."

6/28. The Government Accountability Office (GAO) released a report [38 pages in PDF] titled "Information Technology: Management Improvements Are Essential to VA’s Second Effort to Replace Its Outpatient Scheduling System".

6/25. The Government Accountability Office (GAO) released a report [38 pages in PDF] titled "Nanotechnology: Nanomaterials Are Widely Used in Commerce, but EPA Faces Challenges in Regulating Risk".

The House will meet at 2:00 PM for legislative business. It will consider numerous non-technology related items under suspension of the rules. Votes will be postponed until 6:00 PM. See, Rep. Hoyer's schedule for the week of July 12.

The Senate will meet at 10:00 AM.

8:00 AM - 5:00 PM. Day one of a two day public workshop hosted by the National Nanotechnology Coordination Office (NNCO). The deadline to register is 4:00 PM on July 7, 2010. See, notice in the Federal Register, June 2, 2010, Vol. 75, No. 105, at Pages 30874-30875. Location: Hotel Palomar Arlington, 1121 North 19th Street, Arlington, VA.

8:00 - 10:00 AM. Broadband Census News LLC will host an event titled "The Anti-Counterfeiting Trade Agreement Treaty". The speakers will include Sanford McCoy (Office of the U.S. Trade Representative), Michael Carroll (American University law school), Steve Metalitz (Mitchell Silberberg & Knupp), Heidi Salow (DLA Piper), Matthew Schruers (CCIA), and Sarah Stirland. Breakfast will be served. This event is free and open to the public. Location: Clyde's of Gallery Place, 707 7th St., NW.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda includes consideration of HR 2765 [LOC | WW], an untitled bill to prohibit recognition and enforcement of foreign defamation judgments and certain foreign judgments against the providers of interactive computer services. The SJC will webcast this event. See, notice. Location: Room 226, Dirksen Building.

12:00 NOON - 1:30 PM. The Information Technology and Innovation Foundation (ITIF) will host a panel discussion titled "Using IT to Create a More Sustainable World". The speakers will be Bill Tomlinson (UC Irving), Skip Laitner and Robert Atkinson (ITIF). See, notice. Location: ITIF, Suite 610A, 1101 K St., NW.

1:00 PM. The New America Foundation (NAF) will host a panel discussion titled "Smart Grid SOS: Will Consumers Abandon Ship?". See, notice. Location: NAF, Suite 400, 1899 L St., NW.

2:30 PM. The Senate Intelligence Committee (SIC) will hold a closed meeting. Location: Room 219, Hart Building.

4:00 PM. The House Judiciary Committee's (HJC) Subcommittee on Courts and Competition Policy will hold a hearing titled "Impact of China's Antitrust Law and other Competition Policies on U.S. Companies". See, notice. The HJC will webcast this event. Location: Room 2141, Rayburn Building.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Inquiry (NOI) [30 pages in PDF] regarding Section 629 of the Telecommunications Act of 1996, which is codified at 47 U.S.C. § 549(a), and enabling electronics manufacturers to offer smart video devices at retail that can be used with the services of any MVPD and without the need to coordinate or negotiate with MVPDs. The FCC adopted and released this item on April 21, 2010. It is FCC 10-60 in MB Docket No. 10-91, CS Docket No. 97-80, and PP Docket No. 00-67. See, notice in the Federal Register, May 14, 2010, Vol. 75, No. 93, at Pages 27264-27271.

The House will meet at 10:00 AM for legislative business. It will consider numerous non-technology related items under suspension of the rules. The schedule for the week also includes consideration, subject to a rule, of HR 1722 [LOC | WW], the "Telework Improvements Act of 2010". See, Rep. Hoyer's schedule for the week of July 12, and schedule for July 14.

The Senate will meet at 10:00 AM.

8:00 AM - 4:00 PM. Day two of a two day public workshop hosted by the National Nanotechnology Coordination Office (NNCO). The deadline to register is 4:00 PM on July 7, 2010. See, notice in the Federal Register, June 2, 2010, Vol. 75, No. 105, at Pages 30874-30875. Location: Hotel Palomar Arlington, 1121 North 19th Street, Arlington, VA.

9:15 - 11:30 AM. The American Enterprise Institute (AEI) will host an event titled "Export-Control Reform: Security Enhancement and Economic Boom?". See, notice. Location: AEI, 12th floor, 1150 17th St., NW.

12:00 NOON - 2:00 PM. The Progress & Freedom Foundation (PFF) will host a panel discussion titled "The Future of Speech on the Borderless Internet". The speakers will be Danielle Citron (University of Maryland School of Law), Steve Sheinberg ( Anti-Defamation League), Christopher Wolf (Hogan Lovells), Chuck Cosson (Microsoft), Mark McCarthy (Georgetown University), and Adam Thierer (PFF). See, notice. Lunch will be served. This event is free and open to the public. Location: Hogan Lovells, 555 13th St., NW.

12:00 NOON - 1:00 PM. The American Bar Association's (ABA) Section of Antitrust Law will host a teleconferenced event titled "June In-house Counsel Antitrust Update". See, notice.

12:15 - 2:00 PM. The Federal Communications Bar Association's (FCBA) International Telecommunications Committee will host a brown bag lunch titled "A Current View of Doing Business in the Cuban Telecoms Market: What does it mean for U.S. Telecoms Carriers?". The speakers will be Eric Farnsworth (Council of Americas), James Ball (FCC International Bureau), Philip Peters (Lexington Institute), Christopher Sabatini (Council of the Americas), and Linda Wellstein (Wellstein Mora Rodriguez). The FCBA bars reporters from some of its events. Location: Verizon, Suite 400 West, 1300 I St., NW.

1:00 PM. The House Small Business Committee (HSBC) will hold a hearing titled "Bonus Depreciation: What It Means for Small Business". TechAmerica has argued that bonus depreciation would create investment incentives. See, December 2009 letter to President Obama. Location: Room 2360, Rayburn Building.

1:00 - 4:00 PM. The U.S. Patent and Trademark Office (USPTO) will host set of panel discussions on combating counterfeiting. Three panels will discuss regulatory procedures, criminal procedures, and training and public awareness. The deadline to submit requests to attend is 5:00 PM on July 7. See, notice in the Federal Register, June 24, 2010, Vol. 75, No. 121, Page 36062-36063. Location: USPTO, Madison Auditorium, Concourse Level, 600 Dulany Street, Alexandria, VA.

RESCHEDULED FOR JULY 15. 4:00 PM. The Senate Judiciary Committee (SJC) will hold a hearing titled "Nominations". The SJC will webcast this event. See, notice. Location: Room 226, Dirksen Building.

5:30 - 7:00 PM. Google will host an event titled "What Does Light Taste Like?". The speakers will be José Andrés (chef) and Vint Cerf (Google). See, notice and registration page. Location: Google, 2nd floor, 1101 New York Ave., NW.

6:00 - 8:00 PM. The DC Bar Association will host a panel discussion titled "Speed Mentoring for Antitrust and Consumer Protection Lawyers". The speakers will be Sondra Mills (Department of Justice, Civil Division, Office of Consumer Litigation) and Don Resnikoff (Finkelstein Thompson). This event is free. Reporters are barred from attending. See, notice. For more information, call 202-626-3463. Location: DC Bar Conference Center, 1101 K St., NW.

Ron Kirk, the U.S. Trade Representative, will hold a phone meeting with the South Korean Trade Minister Kim Jong-Hoo. See, Office of the USTR notice.

The House will meet at 10:00 AM for legislative business. The schedule for the week includes consideration, subject to a rule, of HR 1722 [LOC | WW], the "Telework Improvements Act of 2010". See, Rep. Hoyer's schedule for the week of July 12.

9:00 AM. Third Way will host an event titled "China: What's Next?". The speakers will include Rep. Adam Smith (D-WA) and Demetrios Marantis (Deputy U.S. Trade Representative). See, notice. Location: The Columbus Club, Union Station, 50 Massachusetts Ave., NW.

10:00 AM. The Senate Banking Committee (SBC) will hold a hearing on the nominations of Janet Yellen, Peter Diamond, and Sarah Raskin to be members of the Federal Reserve Board (FRB). See, notice. Location: Room 538, Dirksen Building.

10:00 AM. The Senate Commerce Committee (SCC) will meet to mark up several bills, including S 3304 [LOC | WW], the "Equal Access to 21st Century Communications Act". Location: Room 253, Russell Building.

10:00 AM - 12:00 NOON. The House Science Committee's (HSC) Subcommittee on Technology and Innovation will hold a hearing titled "Planning for the Future of Cyber Attack Attribution". The witnesses will be David Wheeler (Institute for Defense Analyses), Robert Knake (Council on Foreign Relations), Ed Giorgio (Ponte Technologies), and Marc Rotenberg (Electronic Privacy Information Center). The HSC will webcast this event. For more information, contact Karly Schledwitz at 202-225-6375 or karly dot schledwitz at mail dot house dot gov. Location: Room 2318 Rayburn Building.

10:30 AM. The Federal Communications Commission (FCC) will hold an event titled "open meeting". See, agenda. Location: FCC, Commission Meeting Room, 445 12th St., SW.

12:30 - 2:30 PM. The DC Bar Association will host a panel discussion titled "The ABCs of IP: A Primer on Patent, Copyright, and Trademark Law". The speakers will be Janet Fries (Drinker Biddle & Reath), Gary Krugman (Sughrue Mion), Steven Warner (Fitzpatrick Cella), and Mark Williamson (Fitzpatrick Cella). The price to attend ranges from $25 to $35. Reporters are barred from attending most DC Bar events. See, notice. For more information, call 202-626-3463. Location: DC Bar Conference Center, 1101 K St., NW.

1:00 - 2:30 PM. The American Bar Association (ABA) will host a webcast and teleconferenced event titled "e-Discovery in Small Cases". See, notice.

2:00 PM. The Senate Commerce Committee (SCC) will hold a hearing titled "Protecting Youths in an Online World". The witnesses will be Jessica Rich (Federal Trade Commission), Hemanshu Nigam (News Corp.), Jeff McIntyre (Children Now), Michelle Collins (National Center for Missing and Exploited Children), and Dane Snowden (CTIA). See, notice. Location: Room 253, Russell Building.

RESCHEDULED FROM JULY 14. 4:00 PM. The Senate Judiciary Committee (SJC) will hold a hearing titled "Nominations". The witnesses will be Mary Helen Murguia (nominated to be a Judge of the U.S. Court of Appeals for the 9th Circuit), Edmond E-Min Chang (USDC/NDIll), Leslie Kobayashi (USDC/DHawaii), Denise Casper (USDC/DMass), and Carlton Reeves (USDC/SDMiss). The SJC will webcast this event. See, notice. Location: Room 226, Dirksen Building.

5:30 - 7:30 PM. The New America Foundation (NAF) will host a panel discussion titled "Decoding Digital Activism". The speakers will include Robin Lerner (Counsel, Senate Foreign Relations Committee), Katharine Kendrick (Department of State), and others. See, notice. Location: NAF, Suite 400, 1899 L St., NW.

6:00 - 9:15 PM. The DC Bar Association will host a panel discussion titled "Antitrust Investigations: Tactical and Ethical Issues". The speakers will be Ann O'Brien (Department of Justice), Ray Hartwell (Hunton & Williams), Kathryn Fenton (Jones Day), and Donald Klawiter (Sheppard Mullin). The price to attend ranges from $89 to $129. Reporters are barred from attending most DC Bar events. This event qualifies for CLE credits. See, notice. For more information, call 202-626-3488. Location: DC Bar Conference Center, 1101 K St., NW.

11:59 PM. Deadline to submit requests for money from the Department of Commerce's (DOC) National Institute of Standards and Technology (NIST) under its Technology Innovation Program (TIP). See, notice in the Federal Register, April 19, 2010, Vol. 75, No. 74, at Pages 20326-20334, and notice in the Federal Register, June 11, 2010, Vol. 75, No. 112, at Pages 33268-33269.

Demetrios Marantis (Deputy U.S. Trade Representative) will meet with Japanese Senior Vice Minister Takemasa of the Foreign Ministry. See, Office of the USTR notice.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Inquiry (NOI) [64 pages in PDF] that proposes to reclassify broadband internet access services as Title II services. The FCC adopted and released this NOI on June 17, 2010. It is FCC 10-114 in GN Docket No. 10-127. See, stories titled "FCC Adopts Broadband Reclassification NOI", "Reaction to FCC Reclassification NOI", and "Congress, the FCC, and Broadband Regulation " in TLJ Daily E-Mail Alert No. 2,097, June 18, 2010. See also, story titled "FCC Employs Fast Tracking and Stacking in Reclassification Proceeding" in TLJ Daily E-Mail Alert No. 2,098, June 21, 2010. See also, notice in the Federal Register, June 24, 2010, Vol. 75, No. 121, at Pages 36071-36088.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rule Making (NPRM) regarding amateur radio use of the allocation at 5 MHz. The FCC adopted this NPRM on May 4, 2010, and released the text on May 7, 2010. It is FCC 10-76 in ET Docket No. 10-98. See, notice in the Federal Register, June 15, 2010, Vol. 75, No. 114, at Pages 33748-33752.

Deadline for the Federal Communications Commission (FCC) to respond to questions from the House Commerce Committee (HCC) regarding constructing and maintaining a nationwide interoperable public safety broadband network. See, HCC letter.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Public Notice (PN) regarding Global-Tel Corporation's March 4, 2010, Petition for Expedited Clarification and Declaratory Ruling regarding application of the Telephone Consumer Protection Act (TCPA). This PN is DA 10-997 in CG Docket No. 02-278. See, notice in the Federal Register, June 30, 2010, Vol. 75, No. 125, at Pages 37803-37804.

Rep. Hoyer's schedule for the week of July 12 states that the House will meet at 10:00 AM for legislative business.

5:00 PM. Deadline to register to attend the U.S. Patent and Trademark Office (USPTO) July 20, 2010, hearing regarding its proposed three track patent examination system. See, notice in the Federal Register, June 4, 2010, Vol. 75, No. 107, at Pages 31763-31768. See also, story titled "USPTO Proposes Three Track Patent Examination System" in TLJ Daily E-Mail Alert No. 2,092, June 4, 2010.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft SP 800-131 [27 pages in PDF] titled "Recommendation for the Transitioning of Cryptographic Algorithms and Key Lengths".

11:00 AM - 3:00 PM. The Federal Communications Commission (FCC) and the Department of Commerce (DOC) will host an event titled "Technology Showcase". The agenda also includes speeches and the showing of a video. This event pertains to the impact of technology on people with disabilities. See, notice. Location: Main Foyer, DOC, 1401 Constitution Ave., NW.

12:15 - 1:30 PM. The Executive Office of the President's (EOP) Office of the U.S. Intellectual Property Enforcement Coordinator (IPEC) will host a meeting regarding enforcement of intellectual property laws. Victoria Espinel (IPEC) will speak. Reporters are barred. The Federal Communications Bar Association (FCBA) states that this is an FCBA event. Location: Hogan Lovells, 555 13th St., NW.

5:00 PM. Deadline to register to attend the two day joint meeting of the Federal Communications Commission (FCC) and Food and Drug Administration (FDA) titled "Enabling the Convergence of Communications and Medical Systems: Ways to Update Regulatory and Information Processes". See, FCC Public Notice (DA 10-1071 in ET Docket No. 10-120).

Extended deadline to submit comments to the Federal Communications Commission's (FCC) Public Safety and Homeland Security Bureau (PSHSB) regarding interoperability, out-of-band emissions, and equipment certification for 700 MHz public safety broadband networks. See, May 18, 2010, public notice, and June 14, 2010, public notice extending the deadline.

8:00 - 10:00 AM. Broadband Census News LLC will host an event titled "The Smart Grid, Telecommunications and the Electric Infrastructure". The speakers will include Brett Kilbourne (Utilities Telecom Council), Nick Sinai (FCC), and Cynthia Brumfeld (UTC). Breakfast will be served. The price to attend is $47.12. Location: Clyde's of Gallery Place, 707 7th St., NW.

8:30 AM. Day one of a two day meeting of the Department of Homeland Security's (DHS) Homeland Security Science and Technology Advisory Committee (HSSTAC). Most of this meeting is closed to the public. See, notice in the Federal Register, July 13, 2010, Vol. 75, No. 133, at Page 39955. Location: 4075 Wilson Blvd., Liberty Conference Center, 3rd floor, Arlington, VA.

10:00 AM. The Senate Judiciary Committee (SJC) will hold an executive business meeting. The agenda includes consideration of the nominations of Elena Kagan to be a Justice of the Supreme Court and James Cole to be Deputy Attorney General. See, notice. The SJC will webcast this event. Location: Room 216, Hart Building.

10:00 AM - 12:00 NOON. The House Science Committee's (HSC) Subcommittee on Investigations and Oversight will hold a hearing titled "Building a Science of Economics for the Real World". Location: Room 2318, Rayburn Building.

The Federal Communications Commission's (FCC) Auction 88 (construction permits for 11 commercial FM stations, one commercial FM translator station, and one commercial AM station) is scheduled to begin. See, FCC's June 7, 2010, Public Notice (DA 10-1009).

1:00 PM. The House Ways and Means Committee will hold a hearing titled "Efforts to Promote the Adoption and Meaningful Use of Health Information Technology". See, notice. Location: Room 1100, Longworth Building.

1:30 PM. The U.S. Patent and Trademark Office (USPTO) will hold a meeting regarding its proposed three track patent examination system. The deadline to register to attend is 5:00 PM on July 16. The deadline to submit written comments is August 20, 2010. See, notice in the Federal Register, June 4, 2010, Vol. 75, No. 107, at Pages 31763-31768. See also, story titled "USPTO Proposes Three Track Patent Examination System" in TLJ Daily E-Mail Alert No. 2,092, June 4, 2010. Location: USPTO, South Auditorium, Madison West, 600 Dulany Street, Alexandria, VA.

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Notice of Proposed Rulemaking (NPRM) regarding revising its Part 17 rules regarding the construction, marking, and lighting of antenna structures. The FCC adopted this NPRM on April 12, 2010, and released the text [54 pages in PDF] on April 20, 2010. It is FCC 10-53 in WT Docket No. 10-88. See, notice in the Federal Register, May 21, 2010, Vol. 75, No. 98, at Pages 28517-28540.

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